The recognition of foreign criminal judgments in Italy
The requirements for the recognition under Italian Law
According to Italian Law, the foreign judgment can not be recognized if:
- it has not become final according to the laws of the State in which it was delivered;
- the judgment contains provisions against to the fundamental principles of the legal system of the State;
- the judgment has not been pronounced by an independent and impartial court or the defendant was not summoned to appear in court before a foreign authority or he had not the right to be questioned in a comprehensible language and to be assisted by a lawyer;
- there are reasonable grounds to believe that considerations of race, religion, gender, nationality, language, political opinions or personal or social conditions have affected the trial;
- the judgment was delivered for a fact that is not considered a crime by Italian law;
- on the same facts and against the same person has been delivered a final judgment in Italy;
- a criminal trial is in progress in Italy on the same facts and against the same person.
These provisions also apply to the recognition of foreign criminal judgments for civil effects. It's important to remember that whoever has an interest in recognizing a foreign criminal judgment in order to obtain the refunds or compensation for damages or other civil effects, may ask for the recognition of the judgment to the court of appeal of the place of birth of the person sentenced or the Court of appeal of Rome.
Please see also:
For more information, please contact Criminal Lawyers in Rome
Published on 30 October 2013
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